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PEOPLE v. ROTH

861 KA 16-02065.

199 A.D.3d 1380 (2021)

156 N.Y.S.3d 635

2021 NY Slip Op 06257

The People of the State of New York, Respondent, v. Anthony L. Roth, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 12, 2021.

Attorney(s) appearing for the Case

LEANNE LAPP , PUBLIC DEFENDER, CANANDAIGUA ( GARY MULDOON OF COUNSEL), FOR DEFENDANT-APPELLANT.

JAMES B. RITTS , DISTRICT ATTORNEY, CANANDAIGUA ( V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Curran, JJ.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reversing those parts convicting defendant of custodial interference in the first degree (Penal Law § 135.50[1]) under counts one and two of the indictment and dismissing those counts of the indictment, and by amending the order of protection and as modified the judgment is affirmed and the matter is remitted to Ontario County Court...

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